Suva lawyer Tanya Waqanika is scheduled to have her application for a permanent stay of proceedings heard on April 20th. The allegations against her involve making remarks about a political party, specifically targeting the Social Democratic Liberal Party (SODELPA), during an election year.
In a court session today, Waqanika’s attorney, Barbara Malimali, revealed that affidavits challenging the acting appointment of the Fijian Independent Commission Against Corruption (FICAC) Commissioner have been submitted. Malimali requested the April hearing date, stating that the case is akin to two other stay applications currently under review by Justice Siainiu Fa’alogo Bull.
FICAC counsel Joseph Work confirmed the commission has received Waqanika’s affidavits, adding a request for the court to consider comments she made about her case on social media. However, Justice Bull stated that her rulings would strictly be based on evidence presented in court, excluding any external social media commentary.
The court has allowed FICAC seven days to prepare its response, while the applicants have 14 days to submit their written counter-responses. This case revolves around allegations that Waqanika may have violated Section 14D of the Fijian Political Parties Act 2013, stemming from an incident on April 19th of the previous year, when she allegedly expressed her opposition to SODELPA via comments on her Facebook page while serving as a board member for both Investment Fiji and Telecom Fiji.
As the case unfolds, it underscores the intricate relationship between political discourse and the legal ramifications of public statements within the framework of Fijian electoral law. The forthcoming decision in April is anticipated to be significant, potentially setting a precedent for future similar cases. This highlights the importance of understanding legal boundaries when engaging in political discussions, suggesting a need for clarity on the implications of public commentary in the political landscape.